Test Purchasing: A Breakthrough?
Defending a review hearing in Fife, Blantyre based Botterills Convenience Stores have secured an important victory. Since the test purchase scheme has been rolled out throughout the country, some boards have taken to imposing periods of suspension of licence for single test purchase failures. As these are often short periods, one or two weeks, they are virtually impossible to appeal, since the suspension takes effect immediately, and the procedure for an interim recall is cumbersome.
Fife Constabulary instigated a review hearing following a single test purchase failure by a member of staff (not the Premise Manager) in Botterills store in Coaltown of Balgonie. The grounds for review alleged that the company had “failed to take due cognisance” of the licensing objective relating to the prevention of crime and disorder. Representing the company, licensing specialist Tom Johnston of Young & Partners, Glasgow and Dunfermline, argued successfully that the police had not established a ground for review. He was able to show that the company’s procedures were thorough and robust. Johnston described them as the best he had ever seen. He argued that it was clear that the company passed the due cognisance test. It should have its licence reviewed only if it could b shown that the company was in some way to blame for the test purchase. The board decided by four votes to two that the grounds for review had not been established and the application was thrown out.
Commenting on the decision, Tom Johnston told Scottish Grocer, ”Fife board is to be congratulated for applying some common sense. Anyone can make a mistake. It would be a nonsense if there were calls for the Chief Constable to be suspended any time a policeman transgresses. When test purchasing was introduced in Fife as a pilot scheme, Fife Constabulary made it clear that no sanction would be sought following a single failure. No logical explanation has been given for this change in policy.”
He did, however, offer some words of warning. “The board’s decision was not unanimous. Later the same day a similar case was thrown out by a 3-2 majority. Other boards may not follow this. Store operators should note that the Government is set to bring back vicarious responsibility in amendments to the Alcohol etc Scotland Bill. Having just got used to the new law, we are going to have to rewrite the books once again.”